People v. Mejia

• Decision Date: 11 February 1991
• Citation: 170 A.D.2d 541,566 N.Y.S.2d 540
• Parties: The PEOPLE, etc., Respondent, v. Carlos E. MEJIA, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 540

566 N.Y.S.2d 540

170 A.D.2d 541

The PEOPLE, etc., Respondent, v. Carlos E. MEJIA, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

February 11, 1991

Shirley Stern, New Hyde Park, for appellant. Denis Dillon, Dist. Atty., Mineola (Peter Shapiro, of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Nassau County (Baker, J.), imposed January 9, 1990, the sentence being an indeterminate term of five years to life imprisonment, and $800 in restitution, upon his conviction of criminal sale of a controlled substance in the second degree, after a plea of guilty. ORDERED that the sentence is modified, on the law, by deleting the provision thereof directing the payment of restitution; as so modified, the sentence is affirmed (see, People v. Rowe, 152 A.D.2d 907, 544 N.Y.S.2d 97, affd. 75 N.Y.2d 948, 555 N.Y.S.2d 689, 554 N.E.2d 1277, for reasons stated at the App.Div.).

MANGANO, P.J., and BROWN, KOOPER, SULLIVAN and ROSENBLATT, JJ., concur.